| Partelow v Valentine |
| Motion No: 2006-09659 |
| Slip Opinion No: 2006 NYSlipOp 79367(U) |
| Decided on November 9, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M46751
O/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2006-09659 Kristy Partelow, respondent, v Kris Valentine, et al., appellants. (Index No. 1864/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Putnam County, dated September 12, 2006, to stay the entry of judgment in the above-entitled action pending hearing and determination of the appeal and separate motion by the appellants for leave to prosecute the appeal as poor persons.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701); and it is further,
ORDERED that the motions are denied as academic.
RITTER, J.P., SANTUCCI, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court